Emil A. Kleinhaus joined Wachtell Lipton in 2004 and became a partner in 2012. He focuses on litigation and advisory work relating to bankruptcy, insolvency and corporate finance. His areas of expertise include chapter 11 reorganizations, fraudulent transfer and fiduciary claims, and disputes under credit agreements and indentures.
Kleinhaus is recognized as an elite litigator and bankruptcy/restructuring lawyer by Lawdragon. Kleinhaus has been a Contributing Author for Collier on Bankruptcy – the leading bankruptcy treatise – and has published widely on topics relating to bankruptcy and restructuring. He is a Conferee of the National Bankruptcy Conference and was co-chair of the Bankruptcy Litigation Committee of the Federal Bar Council.
Kleinhaus has played a leading role in significant disputes relating to debt restructuring transactions. He argued and won a precedent-setting appeal in the Marblegate case from a judgment under the Trust Indenture Act. He argued and won another precedent-setting appeal in the Mitel case, which involved a challenge to an “uptier” transaction. Among other examples, Kleinhaus also represented Lumen Technologies in its extension and amendment transactions, Intralot SA in defeating an attempt by noteholders to enjoin the company’s out-of-court restructuring, and lenders to TriMark USA in the defense and resolution of litigation relating to a debt exchange.
Lawdragon Honors
Kleinhaus has successfully litigated and resolved major disputes relating to Chapter 11 cases. Kleinhaus represented Mallinckrodt, as a Chapter 11 debtor, in its successful challenge to large “makewhole” claims; he represented Medical Properties Trust in litigation and global settlements with its bankrupt tenants Steward Health and Prospect Medical; and he has represented various companies in resolving mass tort claims through Chapter 11 cases. Kleinhaus has also represented creditors or equity sponsors of debtors including the Puerto Rico Power Authority, Imerys, Altera, EdgeMarc, Neiman Marcus, Toys “R” Us, Westinghouse, Energy Future Holdings, Caesars, Fairfield Sentry, Refco and many others.
Kleinhaus received a B.A., summa cum laude and Phi Beta Kappa, from Yale College, and a J.D. from Yale Law School, where he was an Articles Editor of the Yale Law Journal. Following law school, he served as a law clerk for Chief Judge Michael B. Mukasey of the U.S. District Court for the Southern District of New York and for Judge José A. Cabranes of the U.S. Court of Appeals for the Second Circuit.